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(영문) 대구지방법원 2018.11.30 2018가단1404
사해행위취소 등
Text

1.(a)

On April 11, 2014, the Defendants and Nonparty C concluded the shares of 2/9 out of the real estate listed in the separate sheet.

Reasons

Basic Facts

On August 3, 2012, the Plaintiff’s claim life insurance Co., Ltd. (hereinafter “Dongyang Life Insurance Co., Ltd.”) loaned 50 million won to C at the interest rate of 14.9% per annum and 16.9% per annum for overdue interest rate of 16.9%.

(hereinafter “instant loan”). On February 5, 2015, Dongyang Life Insurance filed an application for payment order against C for the payment of the instant loan, and on February 5, 2015, the payment order (Seoul Central District Court 2015 tea 4377) stating that “C shall pay to Dongyang Life Insurance KRW 28,581,914 and delay damages.” The said payment order was finalized on February 26, 2015.

On June 19, 2017, the Plaintiff received the instant loan claim from the Dongyang Life Insurance, and the notification of the transfer of the claim was served to C around August 24, 2017.

As of December 7, 2017, the Plaintiff’s loans of this case against C are KRW 21,742,108 in total of KRW 12,200,104 in principal and interest KRW 9,542,00 in total.

The Defendants and C’s inherited property division network D (hereinafter “the deceased”) died on March 31, 2014, and the heir is his wife E, children, and the Defendants.

E, C, and the Defendants completed the registration of ownership transfer under E and the Defendants’ names on May 2, 2014, on the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Deceased, by holding E and the Defendants jointly own the instant real estate on April 11, 2014, without inheritance by C, and by having E and the Defendants jointly own the instant real estate 1/3 (hereinafter “instant agreement division”); and accordingly, on May 2, 2014.

On the other hand, on November 9, 2015, the establishment registration of a neighboring agricultural cooperative under the name of the debtor A, the maximum debt amount of 48 million won was completed with respect to the real estate in this case.

[Ground of recognition] The plaintiff C, as seen earlier, has no dispute, Gap evidence 1 through 6 (including a provisional number; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings.

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